Entering upon defence, Arguments, Judgment of acquittal of conviction and Previous conviction are defined under Section 233, 234, 235 and 236 of CRPC 1973. Provisions under these sections are:
Section 233 of CRPC "Entering upon defence"
(1) Where the accused is not acquitted under
section 232, he shall be called upon to enter on his
defence and adduce any evidence he may have in
support thereof.
(2) If the accused puts in any written statement,
the Judge shall file it with the record.
(3) If the accused applies for the issue of any
process for compelling the attendance of any witness
or the production of any document or thing, the
Judge shall issue such process unless he considers,
for reasons to be recorded, that such application
should be refused on the ground that it is made for
the purpose of vexation or delay or for defeating
the ends of justice.
Section 234 of CRPC "Arguments"
When the examination of the witnesses (if any)
for the defence is complete, the prosecutor shall
sum up his case and the accused or his pleader shall
be entitled to reply:
Provided that where any point of law is raised by
the accused or his pleader, the prosecution may,
with the permission of the Judge, make his
submissions with regard to such point of law.
Section 235 of CRPC "Judgment of acquittal of
conviction"
(1) After hearing arguments and points of law (if
any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall,
unless he proceeds in accordance with the provisions
of section 360, hear the accused on the questions of
sentence, and then pass sentence on him according to
law.
Section 236 of CRPC "Previous conviction"
In a case where a previous conviction is charged
under the provisions of sub-section (7) of section
211, and the accused does not admit that he has been
previously convicted as alleged in the charge, the
Judge may, after he has convicted the said accused
under section 229 or section 235, take evidence in
respect of the alleged previous conviction, and
shall record a finding thereon:
Provided that no such charge shall be read out by
the Judge nor shall the accused be asked to plead
thereto nor shall the previous conviction be
referred to by the prosecution or in any evidence
adduced by it, unless and until the accused has been
convicted under section 229 or section 235.
TRIAL BEFORE A COURT OF SESSION
Cases instituted otherwise than on police report
Conclusion of trial